IN THE MATTER OF JOANN N. MECCA V CITY OF BUFFALO ZONING BOARD OF APPEALS, REV. JAMES LEWIS, IN HIS OFFICIAL CAPACITY
Motion No: CA 13-01781
Slip Opinion No: 2013 NY Slip Op 90138(U)
Decided on October 25, 2013
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 25, 2013

DOCKET NO. CA 13-01781

IN THE MATTER OF JOANN N. MECCA, PETITIONER-APPELLANT,

V

CITY OF BUFFALO ZONING BOARD OF APPEALS, REV. JAMES LEWIS,

IN HIS OFFICIAL CAPACITY AS ZONING BOARD OF APPEALS

CHARIMAN, ANTHONY DIINA, IN HIS OFFICIAL CAPACITY AS ZONING

BOARD OF APPEALS MEMBER, WARREN GLOVER, IN HIS OFFICIAL

CAPACITY AS ZONING BOARD OF APPEALS MEMBER, JOSEPH

PANDOLFINO, IN HIS OFFICIAL CAPACITY AS ZONING BOARD OF

APPEALS MEMBER, WS PROPERTIES I, LLC AND WHITE'S LIVERY HOUSING

DEVELOPMENT FUND COMPANY, INC., RESPONDENTS-RESPONDENTS.


Respondent White's Livery Housing Development Fund Company, Inc., having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 12, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jon F. Minear, Esq., sworn to October 1, 2013, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: October 25, 2013

Frances E. Cafarell, Clerk